What is a Judge Really Looking for at the Hearing?

The most important thing a judge focuses on is the credibility of the claimant. Does the judge believe you, your description of your problems and how they affect you mentally and physically as it relates to performing work activities. The judge typically has reviewed the medical evidence and knows what the doctor’s say about your condition. They don’t need you to give them your diagnoses. At the hearing the judge wants to hear from you about your problems and from your testimony will determine if your answers are consistent with the medical evidence. You are the star witness and many judges don’t really want to hear from anyone else. So, you don’t exaggerate your problems because that will destroy your credibility. And, its just as bad to minimize your problems as that leaves the judge thinking you are not impaired enough to be disabled. So obviously you tell the truth.

Also important is consistency in your testimony. For example, if you say you can’t sit continually for more than 15-20 minutes at a time and then later testify that you drive and fail to mention that you can only do so for short periods or short distance due to being unable to sit for very long, you have contradicted your testimony that you have a problem with long sitting. The correct answer, if true, is that you can only drive short distances or need to stop often to stretch and rest before going on.

To summarize, tell the truth, don’t exaggerate or minimize your problems and make sure your testimony is consistent.